State v. Sanmartin Prado

In Padilla v. Kentucky, 559 U.S. 356, 374, 369, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), the Supreme Court held for the first time that, pursuant to the Sixth Amendment right to counsel, “counsel must inform [his or] her client whether his [or her] plea carries a risk of deportation[,]” and that, “when the deportation consequence is truly clear, ... the duty to give correct advice is equally clear.” After Padilla, in Denisyuk v. State, 422 Md. 462, 466, 30 A.3d 914, 916 (2011), this Court held, in relevant part, that “defense counsel’s failure to advise [the defendant] of the deportation…